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Thomas, Solicitor

Category: UK Immigration Law

Satisfied Customers: 7006

Experience: BA (Hons), PgDip, Practising Solicitor

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Sir, I submitted my passport for a dependant application December

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Sir, I submitted my passport for a dependant application December 2008 but the application was refused in February this year. I have Dannis girl friend that works here at a care home, we want to get married but we are told to bring my original passport despite showing them the certified copy of the passport. Pls what can i do?

Hi Thanks for your question. To enable me to answer your question could you please respond to the following using the same numbering:-1. What nationality are you 2. Where are you 3. Was your dependent application based on the relationship with the same Danish girl you wish to marryKind regards.Tom

All the supporting documents were returned back to me with the exception of my passport. This was also returned back to me the first time it was the application was rejected due to a photocopy birth certificate submitted by my dependant.

I was legally in the country when I made the application. Date of my last entry into the UK was September 6th 2008. But I cannot tell if I am still legally in the country since February this year that the case was decided.

Usually the UKBA would return a passport with the other documents when they reject an application. The only circumstances where they do not are when:-1. They forget to, or2. They retain the passport because the person is here illegally.

In all probability I regret to say that they have probably retained your passport because you do not have legal leave to remain in this country. They should have told you they were doing this and explained what actions you were required to take with regard to leaving the country. The difficult is that you would have to write to the UKBA to request that your passport is returned, but if you do this then they will check and be reminded that you are here illegally. This will probably mean that they will take actions to effect your removal from the country, so you may in effect tip them off to your illegality here and inadvertently prompt your removal. You are correct in that you will not be able to marry without proving your identity. You may instead choose to speak with someone at the Nigerian Embassy. They are able to process replacement passports when a person has lost their passport in the UK, but there is a fair amount of checking and administrative legwork to carry out in order to verify your identity back home. I should not think they would issue a new passport if they are aware that your current passport is retained by the UKBA because they would essentially be assisting you in subverting the immigration rules here. It may be worth a go, though I would not get your hopes up.

The reality is that you are probably going to have to write to the UKBA to request your passport back. You will have to refer to the reference and caseworker you had for your previous application so that they can identify where the passport is. You would have to hope that their checks do not reveal that you are illegal and they make an oversight and return the passport to you.

if they do then it’s problem solved. If they don’t and issue you with a notice to remove yourself from the country then you should go at your own cost, if you don’t you may receive a ban from re-entering for a period of time.

If you are asked to leave the country then you should see a local immigration solicitor (if you haven’t already) and ask them to draft a fiancé visa application (settlement) so that you have this reading to submit when you return to your home country.

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